Thornton v. Mutual Building & Loan Ass'n

An execution issued upon a judgment against Thornton was levied upon certain real estate. Thornton filed an ¡affidavit of illegality. One of the grounds of this illegality was, that the contract which was the basis of the judgment was a conditional contract, and that the judgment was void because entered by the court without a jury. The judgment was shown to have been rendered by the court without a jury, and contained a recital that no issuable defense upon oath had been filed to the suit.' The contract upon which the judgment was based was a bond given by the ■defendant to the plaintiff, a…